Lucia v. Meech
Supreme Court of Vermont
Case. Plea, the general issue. Trial by jury at the September term, 1895, Chittenden county, Taft, J., presiding. Verdict and judgment for the plaintiff.
Read the full summary
Case. Plea, the general issue. Trial by jury at the September term, 1895, Chittenden county, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. ■ . The plaintiffs testimony tended to show that he hired the defendant to pasture his horse for the season, that the horse while in the defendant’s pasture escaped through the fence, which was defective at a particular point, into an adjoining meadow and thence onto the railroad track, where it was killed, there being no fence between the meadow and the railroad track. The defendant claimed that at the time she took…
1Opinion of the CourtRoss, C. J.
The defendant was the bailee of the plaintiff’s horse to pasture it during the summer of 1894. In her discharge of the bailment, it was her duty — unless some contract existed varying that duty — to maintain or cause to be maintained, a legal fence between the pasture and the meadow of Root. The law on this subject is considered in Sargent v. Slack, 47 Vt. 674. The jury have found that no contract existed between the parties on this subject.
1. The point in the fence where the horse escaped was not in controversy; rather the plaintiff claimed that the fence between the pasture and Root’s…
2Cases cited1 opinion
- Sargent v. SlackSupreme Court of Vermont · 1875
3Cited by8 opinions
- Cassanova v. Paramount-Richards Theatres, Inc.Supreme Court of Louisiana · 1943
- Mobbs v. Central Vermont Railway, Inc.Supreme Court of Vermont · 1990
- Porter Screen Manufacturing Co. v. Central Vermont Railway Co.Supreme Court of Vermont · 1917
- Dutton Dredge Co. v. United States Fidelity & Guaranty Co.California Court of Appeal · 1934
- Gunderson v. JohnsonNorth Dakota Supreme Court · 1965
3 more not listed; retrieve them via the Exa API.